This article was cowritten by Kevin Rowe, Senior Paralegal and Emily T. Acosta, Senior Counsel.

Denver, Colo. - September 24, 2024 - When someone gets hurt and wants to take the person who hurt them to court, they file a personal injury lawsuit. The person who got hurt (the plaintiff) goes through the civil court system to seek justice. The lawsuit argues that the other person (the defendant) caused the victim harm, either on purpose or by being careless.

Civil Cases vs. Criminal Cases

Civil cases are different from criminal cases. In criminal cases, someone might go to jail if they are found guilty. In civil cases, the result is usually money compensation. Civil cases are also easier to prove than criminal cases. In criminal cases, guilt must be proven "beyond a reasonable doubt." In civil cases, the plaintiff only needs to show that it is more likely than not that the defendant caused the harm.

Types of Personal Injury Cases

Personal injury claims can involve many different situations like slip-and-fall accidents, car crashes, dog bites, faulty or defective products, sexual assaults, or sexual abuse. In these cases, the plaintiff sues to get compensation from the responsible party or so-called damages.

What Are Damages?

In a lawsuit, damages refer to the money the plaintiff receives to make up for the harm caused by the defendant. Damages are calculated based on the losses the plaintiff suffered.

How Are Damages Determined?

The court in charge of the case decides the type and amount of damages. If there is a jury trial, the jury decides. If there is a bench trial (only a judge), the judge decides. Damages depend on the losses suffered by the plaintiff, which can be economic or non-economic.

Types of Damages: Compensatory and Punitive

Compensatory Damages

These damages are meant to make up for the plaintiff's losses and to put them in the position they would have been in if the harm hadn't occurred. This includes paying for medical bills, living expenses, and compensating for pain and suffering.

• Economic Damages: These cover financial losses, such as medical bills, caretaking costs, future living expenses, lost wages, and property damage.
• Non-Economic Damages: These cover non-monetary losses, like pain and suffering, emotional distress, disability, loss of reputation, and loss of normal life.

Punitive Damages

Punitive damages are meant to punish the defendant for especially bad behavior and to deter others from doing the same. They are awarded in cases where the defendant showed a disregard for the safety of others.

Wrongful Death and Survival Cases

These cases are brought by the family members of someone who has died. Wrongful death claims seek compensation for the losses the family suffered due to the death, while survival actions seek compensation for the losses the deceased person suffered before they died.

• Wrongful Death Claims: Brought by the family members and seek compensation for funeral costs, loss of future income, and loss of services.
• Survival Actions: Brought by the deceased person's estate and seek compensation for medical bills and pain and suffering experienced before death.

Talk to a Personal Injury Lawyer

If you're unsure about how much your personal injury case might be worth, talk to a personal injury lawyer. They can help you understand your situation and answer any questions. Reach out to Wagstaff Law Firm at 303-376-6360 for a confidential and free consultation.